Section 11-270-72 - Changes during interim status(a) Except as provided in subsection (b), the owner or operator of an interim status facility may make the following changes at the facility: (1) Treatment, storage, or disposal of new hazardous wastes not previously identified in Part A of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a revised Part A permit application prior to such treatment, storage, or disposal;(2) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the director approves the changes because: (i) There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or(ii) The change is necessary to comply with a federal, State, or county requirement.(3) Changes in the processes for the treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised Part A permit application prior to such change (along with a justification explaining the need for the change) and the director approves the change because: (i) The change is necessary to prevent a threat to human health and the environment because of an emergency situation, or(ii) The change is necessary to comply with a federal, State, or county requirement.(4) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised Part A permit application no later than ninety days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator shall comply with the requirements of chapter 11-265, subchapter H (Financial Requirements), until the new owner or operator has demonstrated to the director that he is complying with the requirements of that subchapter. The new owner or operator must demonstrate compliance with subchapter H requirements within six months of the date of the change in ownership or operational control of the facility. Upon demonstration to the director by the new owner or operator of compliance with subchapter H, the director shall notify the old owner or operator in writing that he no longer needs to comply with subchapter H as of the date of demonstration. All other interim status duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility.(5) Changes made in accordance with an interim status corrective action order issued by EPA under section 3008(h) of RCRA or other federal authority, by the department under HRS section 342J-36, or by a court in a judicial action brought by EPA or by the department. Changes under this paragraph are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.(6) Addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised Part A permit application on or before the date on which the unit becomes subject to the new requirements.(b) Except as specifically allowed under this subsection, changes listed under subsection (a) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction: (1) Changes made solely for the purposes of complying with the requirements of section 11-265-193 for tanks and ancillary equipment.(2) If necessary to comply with federal, State, or county requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of section 11-265-221.(3) Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.(4) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan.(5) Changes necessary to comply with an interim status corrective action order issued by EPA under section 3008(h) of RCRA or other federal authority, by the department under HRS section 342J-36, or by a court in a judicial proceeding brought by EPA or the department, provided that such changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.(6) Changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by chapter 11-268, provided that such changes are made solely for the purpose of complying with chapter 11-268.(7) Addition of newly regulated units under paragraph (a)(6).[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.72 )